Join the 9 million people who found a smarter way to get Expert help

Recent Civil Procedure questions

28 August 2016 04:26 Dwayne is there a situation whereby the

28 August 2016 04:26Dwayne is there a situation whereby the Judge can refuse to recuse himself because it's a particular type of trial or hearing, such as a settlement hearing.I may have unknowingly requested a follow up phone call. I simply had a follow up question and this is it, so if there is a call I won't respond please check on your end.

Read more

Dwayne B.

Juris Doctor

35,368 satisfied customers
I'm representing myself now that my attorney just left the

I'm representing myself now that my attorney just left the case and am not prepared at all. My attorney basically disappeared after he made some kind of deal with the defendants to get out of the case and I just served the defendants two weeks ago but haven't yet received their response. However, I did just receive their first Request for Production of Documents, First Request for Admissions and First Set of Interrogatories. .. About 100 pages of them and the questions seem completely absurd and have nothing to do with the case. How much information am I expected to provide? Is there a limit to the extent of information that I should be expected to provide? And is it normal to dump all this on a person before even providing an answer to the original petition?

Read more

Dwayne B.

Juris Doctor

35,368 satisfied customers
I am preparing a case for trial in fla. Smalls court 19th

I am preparing a case for trial in fla. Smalls court 19th circuit. The Pre Trial Order says "Discovery may be had in accordance with summary procedure rule 7.020.I read that rule. I am seeking clarification from a Fl lawyer.Can I serve a Request for Admissions on the Defendant? How about production of documents?

Read more

RobertJDFL

Attorney

Juris Doctorate

12,184 satisfied customers
What is the process for getting rid of personal belongings

What is the process for getting rid of personal belongings left after a legal UD eviction in the state of California? We have obtained writ of possession and the Sheriff's office has delivered the notice of eviction. We assume, knowing the sot of tenant she was, she'll walk out leaving a house full of refuse and junk - an old refrigerator, washer and a satellite dish. When can we dispose of this trah so we can begin repairs and clean up? Are we require to store any of it and, if so, for how long and under what conditions under Caliornia State Law?

Read more

Maverick

Doctoral Degree

6,408 satisfied customers
Question regards to previous discussion: Interpleader

Question regards ***** ***** discussion:Interpleader statute (16-15-731) only governs interpleader actions in general sessions.  All other interpleader actions in TN are governed by Rule 22 of the Tennessee Rules of Civil Procedure.  The Rule provides that is available to a party-plaintiff, such as Mr. Patient's Atty, where they are holding money that is potentially subject to several claims.  Here, it is assumed that Mr. Patient's Atty is holding this money in his trust account for Mr. Patient as the result of a settlement or judgment payment.  Mr. Patient Atty is asking the court to determine how much each claimant gets rather than determining it himself.  All that he's saying is that Mr. Atty is not in a position to judge who has priority – he is not disclaiming that I have priority by filing this.  Unless there's been some type of bad faith or inaction by Mr. Atty, would it be more advantageous avenue f asserting my priority, by UCC-1, argument to the judge? A few things:1. The only reason Mr. Atty could possibly make a claim after receiving my office's UCC-1 and lien directing payment, is if Mr. Pt., had disagreed with the bill? Correct.2. What can my attorney do or say as an argument instructing Mr. Atty to pay out all bills, if there is no challenges in clinic charges, in priority as all liens state and as all liens were perfected?3. I understand we discussed a “motion to dismiss” but what argument can be made to:- Dismiss if there is not a challenge of charges, and Mr. Atty does not have a valid reason for the claim because Mr. Atty received notice of my UCC-1 and lien signed by Mr. Pt.- Argument for Mr. Atty to take the funds our of his trust and pay the clinics in priority of proper filed liens in order?

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,786 satisfied customers
If my Statute of limitations falls on a Saturday in Nevada,

If my Statute of limitations falls on a Saturday in Nevada, do I have until Monday to file the Complaint/

Read more

Dwayne B.

Juris Doctor

35,368 satisfied customers
I have been served a summons on a frivolous suit against me.

I have been served a summons on a frivolous suit against me. Should I fill out a simple response form ? I can't afford an attorney and the Plaintiff is wealthy. I just want to get my response done in time, then go from there. Thanks

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,786 satisfied customers
This question is for law educator esq only please I am in

Good day this question is for law educator esq only pleaseI am in the process of writing up my objection as a pro se plaintiff against the defendants in my case who filed a motion to dismiss plaintiff's amended complaint and motion to strike prayer for punitive damages. I feel like I'm stuck. I was reviewing over the Florida Rules of Procedure and case law to back up my opposition to their motion but don't know if I'm on the right track. The defendants attorney state that some of my paragraphs in my amended complaint states opinion and not ultimate facts. these were the paragraphs they specifically attacked:he states my amended complaint violates fl rule of civil procedure rule 1.110(b)and (f) and accordingly needs to be dismissed. he states that my statements below contains allegations and not facts. he also states plaintiff has pled punitive damages wo complying w florida statute 768.72.I, Plaintiff has worked as a real estate agent for three years and has resided in Palm Beach County for six years. I Plaintiff has during all this time enjoyed a good reputation, both generally and in my real estate occupation.I, Plaintiff is informed and believes, and based on that information and belief alleges, that each of the defendants is legally responsible for the events and happenings referred to in this complaint, and unlawfully caused injuries and damages to plaintiff alleged in this complaint.A cause of action for libel under Florida law accrued in Florida because the defendants' libelous statements were published in Florida and viewed worldwide. The publication is libelous on its face. By publishing this defamatory statement, the Defendants intended to communicate to others the false statements in the online publication described in paragraph 9 above.The above-described publication was not privileged because it was published by the defendants towards the plaintiff when the plaintiff appeared as a witness against the defendants in a small claims case lawsuit in Palm Beach County. This case had nothing to do with Plaintiff's employment or personal being. This same statement was verbalized by defendants in small claims court and also written and signed by defendants on their own letterhead.Said statements and unprivileged written publication by the defendants are libel per se and slander per se because the statements accuse I plaintiff of committing an act which is fraudulent and criminal which injured I plaintiff's reputation in my occupation and resulted in the loss of business. The defendant knew or should have known that the statements were false when made, or did not exercise reasonable care when publishing these false statements before transmitting and publishing these statements recklessly disregarding the truth or falsity of the statement.WHEREFORE, Plaintiff respectfully ***** ***** a judgment be entered against the Defendants, as follows: Awarding Plaintiff punitive damages and such other and further relief as this court deems appropriate.After reviewing case law and the florida rule of procedures I started to write:Comes Now I Plaintiff hereby submits this opposition to the Defendants',by and through their attorney Charles L. Jaffe, motion for a DISMISSAL PLAINTIFF'S AMENDED COMPLAINT AND MOTION TO STRIKE PRAYER FOR PUNITIVE DAMAGES. Plaintiff's amended verified complaint meets the standards governing the form of a complaint contemplated by the Federal Rule of Civil Procedure and the Complaint sufficiently alleges Plaintiff's harm and damages. Accordingly Defendants' motion to dismiss should be denied.I. PLAINTIFF'S CLAIMS ARE SUFFICIENTLY STATEDDefendants move to dismiss Plaintiff's amended complaint for (1) plaintiff's paragraphs 2,5,12 and 14 combine several allegations in each of those paragraphs and set forth opinions of plaintiff rather than setting forth ultimate facts. Defendant's by and through their attorney cite no valid authority to support the proposition that these paragraphs are missing any type of ingredients that does not comply with Florida Federal Rule of Civil Procedure. The Amended Complaint is not unintelligible or confusing and does not violate the Federal Rule of Civil Procedures. As Rule 8(a) requirement of “a short and plain statement of the claim showing that the pleader is entitled to relief “ has been met in plaintiff's Amended Complaint. The Amended Complaint has sufficient statements of claims specifically identifying the wrongful actions of the Defendants. Accordingly, Plaintiff “does not have to set out all relevant facts in his complaint” as per Rule 8 and “specific facts are not necessary in a complaint: instead, the statement need only give the defendant fair notice of what the claim…is and the ground upon which it rests.” Don't know if this is sufficient to oppose the other side, Is there specific case law or procedure that address this issue of opinions vs facts in a Complaint??

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,786 satisfied customers
Iv'e already filed my 2nd complaint,can i file a 3rd

iv'e already filed my 2nd complaint,can i file a 3rd complaint without the judge's permission or do i file a motion for reconsideration.

Read more

Maverick

Doctoral Degree

6,408 satisfied customers
View more legal questions
In The News